Pubdate: Wed, 03 Mar 2004 Source: Duluth News-Tribune (MN) Copyright: 2004 Duluth News-Tribune Contact: http://www.duluthsuperior.com/mld/duluthtribune/ Details: http://www.mapinc.org/media/553 Author: Chris Hamilton, News Tribune Staff Writer Series: link http://www.mapinc.org/source/Duluth Bookmark: http://www.mapinc.org/meth.htm (Methamphetamine) DRUG CRACKDOWN PACKS PRISONS Sentencing: Minnesota's Prisons Are Fuller Than Ever, and the Number Of Methamphetamine Convictions Is Partially to Blame. Last year, Minnesota imprisoned more people than ever. Most of the blame was placed on more people serving time for drug crimes -- including a dramatic rise in methamphetamine cases, according to a study released a month ago by Minnesota's Guideline Sentencing Commission. The authors of the study, ordered by the Legislature last year, came up with several solutions: . Rework the state's sentencing guidelines to shorten sentences and the stress on the prison system. . Create a noncustodial-treatment system for nonviolent drug offenders. . Continue on the current path and build at least two more prisons before the end of the decade. Lawmakers appear divided on what to do -- if anything. A bill before the Legislature would lengthen prison sentences for meth producers to combat a growing problem. Another bill calls for drug treatment as a less-expensive alternative to prison and scales back some drug-possession laws. St. Louis County Sheriff Ross Litman said while meth is a new problem and everyone wants to get tough on crime, it's not as easy as passing more laws or increasing sentences. "It's a balancing act, and we need to find the right mix while being fiscally responsible," he said. Big Numbers The number of drug offenders in Minnesota prisons grew from almost 12 percent of Minnesota's inmates in 1980 to more than 30 percent of almost 7,000 prisoners in 2002, the most recent year for which statistics are available. This year, Minnesota prisons hold more than 7,500 prisoners, according to the Department of Corrections. More than 2 million Americans are in prisons and jails nationwide, an all-time high, according to the federal Bureau of Justice Statistics. The number of Minnesota prison sentences for meth has tripled over the past six years, the commission study found. From 2001 to 2002, the number of meth cases increased 49 percent -- from 882 to 1,316 cases in the prison system, almost equaling cocaine cases for the first time. In the face of the state's escalating meth crisis, Rep. Julie Rosen and Sen. Bob Gunther, Fairmont Republicans, proposed a bill that would lengthen the maximum sentence for possessing the ingredients to make meth to 10 years on the first offense and 15 years on the second. The mandatory minimum sentences would be two and three years, respectively. "There are no increases here for (meth) possession," Rosen said. "I want to make that very clear. A lot has been made about how we're the hardest of all the states on possession. This is if you are intending to manufacture meth." Truth in Sentencing Minnesota is the only state in the Upper Midwest that has sentencing guidelines for judges; Wisconsin is considering them. They were put in place in Minnesota after debate in the early 1980s to provide consistency and accurately reflect sentences. The commission study concluded that, as a result of the guidelines in combination with longer sentences imposed by lawmakers against their recommendations, Minnesota has the lowest thresholds for drug possession and the most severe punishments in the Upper Midwest. Because of the guidelines and tougher drug laws, the average drug sentence went from 22.9 months in 1988 to 50.2 months in 2002. And that is with judges issuing lesser sentences than what statutes call for in one-third of drug cases. The study surmised that a big reason why Minnesota meth offenders spend so much time in prison is because, if they are caught with 10 grams or more, they also are charged with "intent to sell," whether or not police can prove that's what they planned to do. As a result, those offenders face a prison sentence presumed to be at least 86 months. Possessing any meth is a felony in Minnesota. Having the smallest amounts, 3 grams or less, carries a maximum five-year prison sentence. Manufacturing or attempting to make meth also is a first-degree offense. "I think 86 months for someone who is making methamphetamine is reasonable," said Special Agent Paul Stevens of the Bureau of Criminal Apprehension, who lobbied for the meth bill at the state Capitol last month. "There should be a line drawn between the users and those more responsible." Treatment VS. Prison Rep. Keith Ellison, DFL-Minneapolis, and Rep. Eric Lipman, R-Lake Elmo, introduced a bill this session that would make treatment, rather than prison, an option for low-level, nonviolent drug offenders. The bill calls for the creation of a 22-person task force, which would develop and implement the program. It also increases the minimum amount of drugs people need to be caught with to be convicted of the most serious drug charges. "The reason we're going at it this way, first of all, is because prison space needs to be reserved for the most dangerous people in society," Ellison said. "Last year, all of the budgets on the county and state level flat-out crashed. In this economic environment, we can't keep jacking up sentences. We can no longer get tough on crime. We need to get smart on crime, too." Fred Friedman, Northeastern Minnesota's chief public defender, said the proposed meth sentence increases in the Rosen-Gunther bill will exacerbate the state's prison crunch. "We need more treatment," Friedman said. "We can't be sending every drug user to prison, for God's sake.' The commissioners found that yearly savings in prison costs, minus treatment costs, would range from $4.09 million to $30.8 million, depending on who is classified as a nonviolent offender. If first- and second-degree controlled substance violations were still considered violent offenses, 203 prisoners would be released and sent to state-paid treatment -- a system that does not exist. If the highest violations were not considered violent, 576 prisoners would be freed. Commissioners figured it would cost about $4,100 per year to treat a Minnesota drug offender versus almost $23,500 per year to incarcerate the offender. Friedman supports giving nonviolent drug users a couple of shots at treatment before locking them up. "In 1996, the voters of Arizona passed an initiative, which mandated drug treatment instead of prison for nonviolent drug offenders," a 1999 Arizona Supreme Court report said. "At the end of the first year of implementation... Arizona taxpayers saved $2.6 billion and 77.5 percent of probationers tested negative for drug use after the program." Research shows that when people complete drug treatment, they are up to 78 percent less likely to commit new crimes, according to a 1997 National Treatment Improvement Evaluation Study. Setting up a statewide drug offender treatment program also could help rural communities deal with the crisis, the study found. A 2003 survey of Minnesota's county probation officers indicated that rural areas are limited in treatment options. "The rural counties are facing a significant increase in the number of drug cases due to methamphetamine growth in the state," the study said. "The increase in caseloads, combined with limited treatment resources, places rural communities in a very volatile situation." Despite the research findings, many observers say prison costs will need to rise before lawmakers find the political will to endorse treatment over prison. "This should be more of a public health concern than a prison issue," said David Malban, a veteran Duluth defense attorney who handles drug cases. "There should be more spent on education and treatment. Unfortunately, though, that usually comes at the end of a barrel, after the courts have been overrun." Ellison said his bill has received mixed responses. Politicians don't want to appear weak on crime. Besides, the criminal constituency is easy to dismiss because it doesn't vote, he said. "A lot of people won't like the bill," he said. - --- MAP posted-by: Richard Lake